Difficult Public

Question 1

Ghaidan v Godin-Mendoza

Answer 1

Section 3 of the Human Rights Act 1998 allowed a housing statute referring to “husband” or “wife” of the deceased to refer to homosexual partners

Question 2

Re Soneji

Answer 2

The court will look at Parliamentary intention in deciding whether a statutory provision is mandatory or directory

Question 3

The courts can refuse a claim that happens within 3 months if there is no good reason for a delay

Answer 3

Finn-Kelcey

Question 4

Claims should launched “without undue delay”

Answer 4

s31(6) of the Senior Courts Act 1981

Question 5

Claims should launched within three months

Answer 5

CPR r54

Question 6

The Belmarsh Case

Answer 6

The court made a declaration of incompatibility under s4 of the HRA 1998. Ruled that the Anti Terrorism Act 2001 was irreconcilable with Article 14 of the ECHR

Question 7

Tabernacle v SoS for Defence

Answer 7

A peaceful camp protested outside a nuclear power plant. A byelaw banned them from doing so. This byelaw was found to be in contravention of Article 10 and 11 rights.

Question 8

There are three prerogative orders. Name them:

Answer 8

1. Mandatory order
2. Prohibitory order
3. Quashing order

Question 9

In what case was it found that there is no hierachy of qualified rights?

Answer 9

Mary Bell

Question 10

In what case was a man who attempted suicide’s rights infringed?

Answer 10

Peck v UK

Question 11

Wood v Metropolitan Police

Answer 11

It was found that the retention of photos from an arms protest engaged Article 8 rights and was not proportionate under 8(2).

Question 12

A-G v NGN

Answer 12

The proceedings must create a “substantial risk of prejudice”

Question 13

What does Lady Hale say about balancing Articles 8 ad 10?

Answer 13

This involves looking first at the comparative importance of the actual rights being claimed in the individual case;
Then at the justifications for interfering with or restricting each of those rights; and applying the proportionality test to each.

Question 14

Lord Steyn in ex partei Simms

Answer 14

Freedom of speech is the lifeblood of democracy

Question 15

Vonn Hannover v Germany

Answer 15

Pictures of Princess Caroline shopping did engage her article 10 rights as there was not a “debate of public interest” at stake

Question 16

What is the test in Daly?

Answer 16

The proportionality test.

1. The legislative objective must be sufficiently important to justify limiting a right
2. The measures must be designed to meet the object rationally
3. The means used to impair the right should go no further than is necessary

Question 17

What was the ruling in Campbell?

Answer 17

Lady Hale ruled that the deciding factor in balancing articles 8 and 10 was whether someone had a “reasonable expectation of privacy”